Trans 101.02(2)(2) Four demerit point violations. The department shall assess 4 demerit points for any of the following violations: Trans 101.02(2)(e)(e) Failure by operator to stop for school bus when red lights are flashing. Trans 101.02(2)(f)(f) Failure to yield right of way or failure to yield right of way to emergency vehicle. Trans 101.02(2)(i)(i) Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed. Trans 101.02 NoteNote: Unnecessary acceleration is a valid traffic regulation. City of Janesville v. Garthwaite, 83 Wis. 2d 866 (1978). Trans 101.02(2)(k)(k) Under age 21, operating motor vehicle with any measured alcohol concentration. Trans 101.02(3)(3) Three demerit point violations. The department shall assess 3 demerit points for any of the following violations: Trans 101.02(3)(a)(a) Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted. Trans 101.02 NoteNote: This includes arterial signs, one-way signs or traffic signs or signals. See s. 340.01 (38), Stats. Trans 101.02(3)(i)(i) Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours. Trans 101.02(3)(k)(k) Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following: Trans 101.02(3)(k)1.1. Operating a commercial motor vehicle without having obtained a commercial driver license. Trans 101.02(3)(k)3.3. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles. Trans 101.02(3)(m)(m) Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle. Trans 101.02(3)(n)(n) Speeding 10 miles per hour or less in excess of lawful or posted speed. Trans 101.02(3)(r)(r) Operating commercial motor vehicle while disqualified or out of service. Trans 101.02(4)(4) Two demerit point violations. The department shall assess 2 demerit points for any of the following violations: Trans 101.02(5)(5) Zero demerit point violations. The department may not assess demerit points for any of the following violations: Trans 101.02(5)(e)(e) Failure to wear mandatory protective headgear while operating a Type 1 motorcycle. Trans 101.02(5)(g)(g) Falsified application for operator’s license, identification card or motor vehicle title or registration. Trans 101.02(5)(o)(o) Operating a Type 1 motorcycle with handlebars that exceed the legal height limit. Trans 101.02(5)(p)(p) Operating a Type 1 motorcycle with rear passenger pegs that are at an illegal height. Trans 101.02(5)(q)(q) Operating a commercial motor vehicle or being on duty time with respect to a commercial motor vehicle while having any measured alcohol concentration above 0.0 but less than 0.04 or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content. Trans 101.02(5)(r)(r) Operating a commercial motor vehicle with an alcohol concentration of 0.04 or more but less than 0.1 and not causing injury. Trans 101.02(5)(wm)(wm) Unnecessary noise or loud radio audible from a distance of 75 feet or more. Trans 101.02 NoteNote: Wis. Stat. s. 345.20 (2) (f) and (g) provides that demerit points may not be assessed for the firearms offenses set forth in Wis. Stat. s. 167.31 (2) (b), (c), or (d) or for littering in violation of Wis. Stat. s. 287.81. Trans 101.02(6)(6) Similar offenses. The point schedule in this section covers violations of state traffic laws, local ordinances, tribal traffic laws, federal traffic laws, traffic regulations, s. UWS 18.04, and department administrative rules which are similar to the violations described in subs. (1) to (5), even if the language of the law, ordinance, regulation or rule may vary. Trans 101.02(7)(a)(a) Any person who holds an instruction permit or probationary license on the date of a conviction, or an unlicensed person who would be issued a probationary license or instruction permit if proper application were made and all other requirements for license were met, shall be assessed double the demerit point value shown for convictions set forth in subs. (1) to (4) if the record indicates that the person has been previously convicted of an offense for which demerit points were assessed under s. 343.32, Stats. This paragraph does not apply to a conviction for violation of any offense under ch. 347, Stats. Trans 101.02 NoteNote: Commercial driver licenses are never issued on a probationary basis. S. 343.085 (2) (b), Stats. Chapter 347, Stats., deals with vehicle equipment requirements. DMV is required to double demerit points for most offenses and is prohibited from increasing points assessed to a driver for a vehicle equipment violation by s. 343.32 (2) (bc), Stats. Trans 101.02(7)(b)(b) Any person whose operating privilege has been revoked or canceled while unlicensed or while licensed under a probationary license shall be issued a reinstated probationary license for the same period as an original probationary license. Trans 101.02(8)(8) General rules for point cases. In determining whether a person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws and whether suspension of operating privileges pursuant to s. 343.32 (2), Stats., for the accumulation of demerit points is appropriate, the department shall conform to the following rules, which are set forth in their order of priority, and subject to the exceptions set forth in sub. (9), for purposes of initially determining whether to suspend a driver’s operating privilege: Trans 101.02(8)(b)(b) Revocations always imposed. Revocations shall be imposed by the department whenever ordered by a court or required by statute without regard to potential demerit point ramifications. Trans 101.02(8)(c)(c) Use of conviction resulting in withdrawal action in point case. Demerit points from an offense that resulted in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, Stats., may not be used in a point case, except as provided in this paragraph or par. (e) or (f). Convictions that result only in disqualification under s. 343.315, Stats., or federal law may be used in a point case. Convictions that result in suspension of a person’s operating privilege due to failure to pay the underlying fine or forfeiture resulting from the conviction or that result in revocation of the person’s operating privilege as a habitual traffic offender under ch. 351, Stats., may be used in a point case. Trans 101.02(8)(d)(d) Amendment of point case based on new conviction. After the department has issued a demerit point suspension order, the department may amend the suspension order upon receipt of reports of conviction for additional offenses that qualify for use in a point case under pars. (a) to (c). The point case may be amended only if the suspension period did not expire prior to the date of conviction for the new offense. The amendment shall incorporate each violation that occurred within one year of all violations that formed the basis of the original suspension order and that remain part of the case. In the event 2 or more violations occurred within one year of all other point case violations, but not within one year of each other, only the violations occurring within one year of the latest violation that was used in the existing point case shall be used as the basis for the amendment. Trans 101.02(8)(e)(e) Court-ordered suspensions. If the department receives notice of conviction and a court-ordered suspension under s. 343.30, Stats., and the person is subject to a demerit point suspension, the department shall act as follows: Trans 101.02(8)(e)1.1. If the person is not subject to an existing point case and the person’s operating privilege would be suspended for a longer period under a point case that includes the conviction as one of the bases for the case, DMV shall suspend the person’s operating privilege for that longer period in accordance with s. Trans 101.04 (3) or (3m) and need not note the court-ordered suspension on a public abstract of the person’s driver record nor send notice to the driver of the court-ordered suspension. Trans 101.02(8)(e)2.2. If the person is not subject to an existing point case and the person would be subject to a suspension under s. Trans 101.04 (3) or (3m) that is equal to, or less than, the court order, then DMV shall suspend the driver’s operating privilege in accordance with the court order, notify the driver of the court-ordered suspension, and show the suspension on a public abstract of the driver record. Demerit points from that conviction may not be used in a point case in accordance with par. (c). Trans 101.02(8)(e)3.3. If the person is subject to an existing point case and the date of the new conviction is on or before the date of the latest conviction used in the existing point case, DMV shall make the same evaluations described in subds. 1. and 2. and determine whether the court-ordered suspension or the demerit point suspension would have been imposed had the conviction report been made to DOT prior to the suspension order for the existing point case, amend the existing point case in accordance with subd. 1. or notify the driver of the court-ordered suspension in accordance with subd. 2 as required. If the court-ordered suspension is imposed, no change will be made to the existing point case. Trans 101.02(8)(e)4.4. If the person is subject to an existing point case and the date of the new conviction is later than the date of the latest conviction used in the point case, DMV shall impose the court-ordered suspension and may not amend the point case to include the new conviction. Trans 101.02(8)(f)(f) Serious traffic offenses committed by occupational license holders. Serious traffic offenses, as enumerated in s. 343.31 (2u), Stats., committed by a person who holds an occupational license may be used in a points case regardless of any suspension of the person’s occupational license resulting from the conviction. Trans 101.02 NoteNote: A person whose occupational license is canceled will be shown in a suspended or revoked status as though no occupational license had been issued.
Trans 101.02(9)(a)(a) Scope. This subsection addresses the effect of a conviction change on a point case.
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